The Bravest
OFFICIAL PUBLICATION OF THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK
VOTE NO! CONSTITUTIONAL CONVENTION WWW.UFANYC.ORG
VOL. LIII NO. 1, OCTOBER 2017
on November 7, 2017
President’s Message by Gerard Fitzgerald
Don’t be conned! On November 7th citizens of New York will be asked to vote on ballot measure Proposal 1 that is calling for a Constitutional Convention. We are encouraging everyone to vote NO! If this proposal passes it could be disastrous for your pension!. The right for labor to organize, retirement security, and the prevailing wage could be taken out of the NY Constitution. A Constitutional Convention would be controlled by special interests who not only would waste your tax dollars but would rewrite the N Y Constitution and that would be bad for everyone! This issue of Fire Lines includes detailed information outlining why a constitutional convention would be wrong for hardworking New Yorkers and why you should vote against this measure. It’s urgent that you get the message to your family, neighbors, and friends to turn out and vote NO on November 7th. www.ufanyc.org
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Photo Credits: Stephen N. Symbolik III
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(Above) Standing behind Governor Andrew Cuomo are: (L-R) NYS Senator Martin J. Golden, Fire Marshal Rep Steven Tagliani, Recording Secretary Robert C. Eustace, Vice President LeRoy McGinnis, UFA President Gerard Fitzgerald, Health & Safety Officer Michael Schreiber, Bronx Trustee William Greco, Queens Trustee Matthew M. Desjardin, and Staten Island Trustee Eric Bischoff. On Thursday July 20th, Governor Cuomo signed the Omnibus Bill expanding accidental disability benefits for public employees. The 3/4 Disability Reform Bill impacts over 2,000 UFA members, specifically those workers hired after 2009. Anyone who is injured on the job and will need to collect an accidental disability pension will now have access to ¾ of their pension savings, leveling the playing field by giving them the same rate as that of employees who joined prior to 2009. “This law ensures that our members can go to work every single day on behalf of families, friends, and neighbors without having to worry about whether or not their own families will be provided for adequately in the event they are injured on the job,” said UFA President Gerard Fitzgerald. “We commend Governor Cuomo and the members of the legislature for their commitment to making sure all workers have quality benefits and are under the same pension protections.”
The Art of Labor Law. Certilman Balin proudly represents the New York City Uniformed Firefighters Association and many other organizations in the metropolitan area. We have a solid track record in representing union members in their personal litigation and life plans. Call Paul Linzer or Jennifer Bentley at (516) 296-7000 to resolve your personal legal matters with confidence.
Proven attorneys. Powerful advocates. Nassau: 516.296.7000 | Suffolk: 631.979.3000 | Real Estate – Real Property Tax Certiorari and Condemnation – Condominium and Cooperative – Land Use and Zoning/Environmental Law Corporate/Securities – Commercial Lending – Litigation – Labor Relations and Employment Law – Bankruptcy and Debtor/Creditor Rights Estate and Tax Planning/Probate Law and Estate Administration – Elder Law – Telecommunications Law – Criminal Law www.certilmanbalin.com Certilman Balin Adler & Hyman, LLP
www.ufanyc.org
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Photo Credits: Stephen N. Symbolik III
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On October 11th the FDNY Annual Memorial Service was held at the Firemen’s Monument at 100th Street and Riverside Drive. The ceremony honored two members who died in the line of duty: EMT Yadira Arroyo, Station 26 and Firefighter William N. Tolley. Yadira Arroyo, a 14-year FDNY EMT veteran and mother of five, was responding to a call in the Bronx on March 16, 2017. Shortly after she exited the vehicle, a man jumped into the driver’s seat and drove the ambulance into Ms. Arroyo. She was rushed to Jacobi hospital where she died from her injuries. William Tolley, L-135, a 14-year veteran of the FDNY, died in the line of duty on April 20, 2017. Combating a blaze in a five-story building in the Ridgewood neighborhood, he was helping to ventilate the building on its roof, from where he fell. Firefigter Tolley, of Bethpage, NY, is survived by his wife, Marie, and his 8-year-old daughter, Isabella. The Memorial Service also honored the following members who died while being on active duty: FF Michael D. Moyle, L 81; FF James M. Dunn, L 114; EMT Armando V. Cordero, Station 27; FF Kevin A. Rooney, E 42; Lt. Edith E. Torres, EMD; EMT Alan J. Cooke, Station 58; EMT Emery C. Taylor, OMA; EMT Patrick Hoppey, Station 19; Paramedic Michael J. Sclafani, Station 14; and Timothy J. Magee, Station 44. Please keep all of these men and women and their families in your thoughts and prayers.
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Legislative Update by LeRoy McGinnis, Vice President It what was a unique and perhaps unprecedented series of events taking place this year in Albany, as both the Assembly & Senate sessions ended on June 21st, only to be called back into sessionby Governor Andrew Cuomo to debate and pass an Omnibus Bill that was mainly focused on Mayoral School Control. It also included, however, an important piece of legislation affecting Tier 3/6 members. Omnibus Bill: including NYS Bills S-6550 (Golden) & A-8115(Abbate)
“Amend the General Municipal Law to allow certain uniformed members of public retirement systems who are subject to the provisions of Article 14 of the Retirement and Social Security Law to be eligible to file for an accidental disability benefit regardless of whether he or she is eligible for a normal service retirement benefit. The bill would also allow retirees who are receiving an accidental disability pension to continue to do so despite being disapproved from receiving a federal social security disability pension..” This clears up previous language under SSL Section 507 in regard to FDNY, NYPD, Corrections and Sanitation Tier 3/6 Accidental Disability Pensions and modifies the Post Retirement Employment restrictions, so they mirror Tier 2. (See page 2 above)
Another important piece of Legislation that was passed and signed by Governor Cuomo was the LOD Widows COLA - S4588 (Golden) A06286A (Joyner)).
“This legislation extends the escalation of a cost of living increase of approximately 3% for all lineof-duty widows or widowers for fiscal year 2017-18.”
The UFA would like to thank Senator Marty Golden and Assemblyman Peter Abbate for working on the creation, sponsorship, and passing of the bills. We also want to extend our thanks to Senate Majority Leader John Flanagan and the Speaker of the Assembly Carl Heastie for all of their work on the Omnibus Bill and ensuring that our bills were included. The UFA also thanks Governor Andrew Cuomo for signing the Bills, and his continued support of our members and their families. 2017 Elections
We remind all active & retired members to participate in the upcoming General Election on (November 7). We will be posting our endorsements for the candidates that support our members, on the UFA website in the near future.
www.ufanyc.org
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UPDATE VICTIM COMPENSATION FUND
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According to the FifthAnnual Status Report issued by the VCF, the SULLIVAN PAPAIN firm, through December 31, 2016: (1) obtained 1,082 awards totaling $508,000,000.00
The federal Victim Compensation Fund, as updated for an average of $469,000.00 per award; (2) the SULLIVAN and expanded by the Zadroga legislation, remains available to PAPAIN firm achieved the highest award issued by the Fund, firefighters and other individuals who lived or worked below namely $4.133 million dollars for a client whose cancer was Canal Street between September 11, 2001 and May 30, 2002 linked to his exposure to toxins at the WTC site; (3) the SULLIVAN PAPAIN clients represented a little over 10% of all
and suffer from a WTC-related illness.
If you are eligible to make a claim to the Fund, you claimants who received awards, yet they obtained close to 30% can seek damages for non-economic loss (pain and suffering), of all the monies awarded. In fact, their average awards were as well as economic loss (loss of earnings, retirement benefits, approximately three times greater than the average of other VCF awards; and (4) SULLIVAN PAPAIN has also been very replacement services and unreimbursed medical costs). In September 2016, new guidelines were issued for
successful in pursuing supplemental awards for clients who,
the Fund. They allow an individual to register with the Fund after receiving an award, were diagnosed with a new 9/11 illwithin two years of when a government entity, such as the ness and were subsequently found to be disabled by reason of WTC Health Program, the FDNY, the NYPD or other governmental agency, determines that their illness is 9/11-related.
that illness. If you have any questions regarding possible eligibili-
We suggest that you contact SULLIVAN PAPAIN
ty for aVCF award or concerning how the Fund works, do not
BLOCK McGRATH & CANNAVO P.C., UFA General
hesitate to call the SULLIVAN PAPAIN firm. They can be
www.ufanyc.org
or
by
email:
Photo Credits: Stephen N. Symbolik III
Counsel, if you seek to file aVCF claim or have any questions reached at (212) 732-9000 SPBMC-NY@TrialLaw1.com. about the Fund.
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In the November general election, you will be asked to vote on whether or not New York should hold a convention to change our state constitution. A Convention would be a boondoggle for politicians and FRUSRUDWH OREE\LVWV WR WDNH DZD\ \RXU ZDJHV EHQHILWV DQG ULJKWV $QG WR PDNH PDWWHUV ZRUVH \RX·G have to pay the price tag³hundreds of millions off taxpayer dollars. Your union urges you to VOTE NO! A Constitutional Convention would be controlled by well-ffunded special interests and career politicians who would dominate the process and take advantage of the system to benefit themselves at your expense. &RUS SRUD DWLRQV DQG WKHLU OREE\ E\LVWV ZLOO XVH D &RQYHQWLRQ WR ZHDNHQ ZRUNHUVV· ULJKWV DQG SURWHFWLRQV Pensions, prevailing rate in construction, collective barrgaining g, and care and benefits for in njured workers could all be on the chopping block. ,W·V D ILLQDQFLDO ERRQGRJJ JJOH WKDW FRXOG FRVW WD[SD\HUVV KXQGUHGV of millions of dollarss and invite corruption by enabling entrenched Albany politicians to make up to $80,000 on top of the taxpayerr--funded salaries they already receive. With no timeline to complete their work , there could be no end in sight. Albany politicians, their friends and insiders could FRQWLQXH HQULFKLQJ WKHPVHOYHV DW WKH WD[SD\HUV· H[SHQVH IRU years. For more information, contact the NYS AFL-CIO at 518-436-8516 or visit www.nysaflcio.org, or text ConCon to 877877.
www.ufanyc.org
NO. 1 2017
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www.ufanyc.org
V
NO. 1 2017
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7KLV 1RYHPEHU 1HZ <RUNHUV ZLOO EH DVNHG ZKHWKHU RU QRW WR KROG D &RQYHQWLRQ WR DPHQG RXU VWDWH·V constitution. This means the constitutional guarantee prohibiting reductions of public employee pensions could be removed. Corporate special interests and their lobbyists who will control the process would love nothing more than to eliminate your hard-e earned pension. You can stop them by voting NO on Nov. 7. A Constitutional Convention is wrong for hardworking New Yorkers. A DISASTER FOR HARDWORKING NEW YORKERS³A Convention would jeopardize critical labor rights including public pensions, collective bargaining and care and benefits for injured and ill workers.
A convention would cost you hundreds of millions of dollars, and with A WASTE OF YOUR TAX DOLLARS³A no time limit, it could last for years and years while delegates enrich themselves with an $80,000 salary, on top of any other pay they earn as an elected official.
A CONVENTION FOR THE CONNECTED³This boondoggle will be dominated by politicians, special LQWHUHVWV DQG FRUSRUDWH OREE\LVWV ZKR ZLOO EH ORRNLQJ RXW IRU WKHPVHOYHV DW \RXU H[SHQVH 'RQ·W EH IRROHG WKLV ZRQ·W EH D SHRSOH·V FRQYHQWLRQ
For more information, contact the NYS AFL-CIO at 518-436-8516 , visit www.nysaflcio.org, or text ConCon to 877877.
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Ray Pfeifer was honored on May 12, 2016 at the Delegate Education Seminar with the UFAâ&#x20AC;&#x2122;s Firefighter Service Award.
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Photo Credits: Stephen N. Symbolik III
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On May 28th, retired FF Ray Pfeifer, a dear friend and advocate for the UFA, lost his battle to cancer at the age of 59. Ray was appointed on February 17, 1987. He was assigned to Engine 40 (The Cavemen) on Manhattan's Westside. Ray responded to the bombing of the World Trade Center in 1993 and to the terrorist attacks on September 11th, 2001. He also served as part of the response team that was deployed to New Orleans following Hurricane Katrina. In 2009, Ray was unexpectedly diagnosed with advanced kidney cancer resulting from his many months spent at the site of the World Trade Center. Ray was an advocate with a team that helped work in Washington D.C. meeting with elected Congressional members to speak of his own 9-11 experiences and the need for long-term health coverage and studies. Despite his illness, Ray made 14 lobbying trips to Washington in support of the Zadroga 9/11 Health and Compensation Act. On December 18, 2015, President Obama signed the James Zadroga 9/11 Health and Compensation Act. This act provides continued funding for health care programs treating those affected by the 9-11 events. It also reopens the Victims Compensation Fund for those who suffered physical injuries or death as a result of the events of 9-11 and its aftermath. Ray leaves his wife Caryn, his son Terence, currently an FDNY EMT, and a daughter Taylor. Rayâ&#x20AC;&#x2122;s cheerful spirit and determined activism will be deeply missed.
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HIPAA Privacy Protections - Availability Federal privacy regulations protect patient rights and define certain obligations for health plans in order to safeguard Protected Health Information or PHI. PHI means all individually identifiable health information transmitted or maintained by the medical, dental and health care spending account, whether in oral, written, or electronic form. The basis for these rules appears in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended. As required by HIPAA, the Security Benefit Fund/Retired Security Benefit Fund of the Uniformed Firefightersâ&#x20AC;&#x2122; Association (the â&#x20AC;&#x153;Planâ&#x20AC;?) maintains a Notice of Privacy Practices that spells out what the Plan is required by law to do, including notifying you of a breach of your unsecured PHI, and how the plan will comply. It also provides an explanation of your rights regarding your own protected health information. Under the regulations you may request access to electronic copies of your PHI, or you may request in writing or electronically that another person receive an electronic copy of these records. A copy of the current notice is posted at www.ufanyc.org. If you have a question about your HIPAA rights, or you wish to obtain a copy of the official HIPAA Privacy Notice, contact Privacy Officer, Security Benefit Fund/Retired Security Benefit, 204 E. 23rd Street, New York, NY 10010. If you are enrolled in an insured HMO option, the HMO maintains a similar notice of privacy practices. Please contact the HMO to obtain a copy of that notice.
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Tribute in Light annually honors those who died on September 11th. The light-beams reach up to four miles into the sky and echo the shape of the Twin Towers.
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Celebrating the UFAâ&#x20AC;&#x2122;s 100 Years of Service are: (L-R) UFA President Gerard Fitzgerald together with UFA past presidents Kevin Gallagher, Louis Sforza, Richard Vizzini, James Slevin, and James J. Boyle
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Photo Credits: Stephen N. Symbolik III
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www.ufanyc.org
Uniformed Firefighters Association
Prsrt STD US Postage PA I D Farmingdale, NY Permit #125
204 EAST 23rd STREET, NEW YORK, N.Y. 10010-9998 Tel (212) 683-4832 • Fax (212) 683-0710 www.ufanyc.org
GERARD FITZGERALD President ENG 318 LEROY C. MCGINNIS Vice President
ENG 266
ROBERT EUSTACE Recording Secretary
LAD 27
EDWARD BROWN Treasurer
LAD 48
LAD 116
JOHN G. KELLY, JR Trustee-Brooklyn ENG 201 Chairman, Board of Trustees
MICHAEL SCHREIBER Health & Safety Officer Sergeant-at-Arms ERIC BISCHOFF Trustee-Staten Island
ENG 161
MATTHEW M. DESJARDIN Trustee-Queens ENG 325
WILLIAM GRECO Trustee-Bronx
ENG 68
VINCENT SPECIALE Trustee-Manhattan
STEVEN TAGLIANI Fire Marshal Representative
ENG 55
BFI
STEPHEN N. SYMBOLIK III Managing Editor
GERARD FITZGERALD Editor-In-Chief
*******************************************************************************************
ONLY ONE LAW FIRM
Has Been General Counsel to the UFA for Over 30 Years!
For decades, the firm of SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO P.C. has been the friend of the injured New York City firefighter and the families of those firefighters who have given their lives in the performance of their duties. As GENERAL COUNSEL to the members of the Uniformed Firefighters Association, we are fully aware how these TRUE HEROES of our society place themselves in harm’s way to protect the lives and property of our citizens each and every day. Sullivan Papain Block McGrath & Cannavo P.C. has obtained millions of dollars in verdicts and settlements in cases where firefighters’ lives were unnecessarily placed in jeopardy because of faulty building design and maintenance or as a result of defective fire equipment. NO FIRM can match the experience or success in this unique area of personal injury litigation.
Contact Mike Block at (212) 732-9000 to discuss questions you may have if you or a family member has suffered an injury as a result of: - Line-of-Duty Accident - Automobile Accident - Slip and Fall - Unsafe Premises
- Medical Malpractice - Construction Accident - Defective Product - Unsafe Prescription Drug/Medical Device
********************************************************************************************* SUFFOLK OFFICE 33105 Main Road, Cutchogue, New York 11935 TELEPHONE: (631) 734-2500 · FACSIMILE: (631) 734-2502 SPBMC-LI@TrialLaw1.com
NASSAU OFFICE 1140 Franklin Avenue, Garden City, New York 11530 TELEPHONE: (516) 742-0707 · FACSIMILE: (516) 742-7350 SPBMC-LI@TrialLaw1.com
NEW JERSEY OFFICE 126 State Street, Hackensack, New Jersey 07601 TELEPHONE: (201) 342-0037 · FACSIMILE: (201) 342-6461 SPBMC-NJ@TrialLaw1.com